Criminal Law Code as at 1st March 2007
“public document or item” means a document or item, including a judicial document or
item, issued by or on behalf of the State.
136
Fraud
Any person who makes a misrepresentation⎯
(a) intending to deceive another person or realising that there is a real risk or possibility of
deceiving another person; and
(b) intending to cause another person to act upon the misrepresentation to his or her
prejudice, or realising that there is a real risk or possibility that another person may act
upon the misrepresentation to his or her prejudice;
shall be guilty of fraud if the misrepresentation causes actual prejudice to another person or is
potentially prejudicial to another person7 and be liable to⎯
(i) a fine not exceeding level fourteen or not exceeding twice the value of any
property obtained by him or her as a result of the crime, whichever is the
greater; or
(ii) imprisonment for a period not exceeding thirty-five years;
or both.
137
Forgery
(1) Any person who forges any document or item by—
(a) making a document or signature which purports to be made by a person who did
not make it or authorise it to be made or by a person who does not exist; or
(b) tampering with a document or item by making some material alteration, erasure or
obliteration;
with the intention of defrauding another person or realising that there is a real risk or possibility
of defrauding another person thereby, shall be guilty of forgery and liable to⎯
(i) in a case of forgery of a public document or item, a fine not exceeding level
fourteen or imprisonment for a period not exceeding twenty years or both; or
(ii) in a case of forgery of a document or item other than a public document or
item, a fine not exceeding level thirteen or imprisonment for a period not
exceeding fifteen years or both.
(2) In a case where⎯
(a) a person delivers or causes to be delivered a forged document or item to another
person with the intention of defrauding that person or realising that there is a real risk
or possibility of defrauding that person⎯
(i) the competent charges shall be fraud and forgery if the person delivering the
forged document or item or causing it to be delivered also forged it;
(ii) the competent charge shall be fraud if the person delivering the forged
document or item or causing it to be delivered did not forge it;
7
As amended by s. 31 of Act 9/2006 [deletion of " if the misrepresentation causes prejudice to
another person or creates a real risk or possibility that another person might be prejudiced" and
substitution of words in text].
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